Storybird Challenge Rules

General overview

Submit up to four stories during the Challenge. Submit stories during the week, vote on the weekends. Here’s the calendar.

Storybird's editors select four semi-finalists each week for a members-only weekend vote. The winner of the vote goes into the Finalist pool.

The Finalists—and one added wildcard—are reviewed by the judges and one winner is chosen to represent the Challenge and take home the prize.

OFFICIAL RULES

Storybird February 2011 Challenge Competition

1. GENERAL

Storybird Inc. (“Storybird”) is presenting and sponsoring a competition between February 1, 2011 and February 28, 2011 (the “Sponsor”). The Competition (“Competition Period”) commences at 00:00:01 Eastern Time (“ET”) on February 1, 2011 and ends at 11:59:59 ET on February 28, 2011.

On or before the commencement of the Competition Period, Storybird will designate a Competition Period Theme on Storybird.com. Contestants can submit Storybirds based on the Theme during the week (Monday – Friday) for consideration in the weekend vote. Limit four stories per Competition Period. Storybird’s editors select four semi-finalists each week and the selected Stories will appear in the semi-finalist pool for a members-only weekend vote. The winner of the weekend vote goes into the Finalist pool for final judging. The Finalists, plus one added wildcard selected by Storybird, are reviewed by the judges and one winner is selected for the Competition Period.

2. Entry Periods for the Competition

The Competition Period for February, 2011 is divided into four (4) Entry Period Weeks (each, an “Entry Period Week”). A day (a “day”) is defined as the 24-hour period starting at 00:00:00 midnight on a given day and ending that day at 11:59:59.

The applicable dates for the four (4) Entry Period Weeks of the February, 2011 Competition are as follows:

3. Eligibility requirements to enter a competition

Eligibility:

Subject to the exclusions which are set out below, each Competition is open to people who:

are legal residents of one of the following countries: the United States of America (the 50 states and DC), Canada (excluding the Province of Québec), the United Kingdom, Ireland, Australia, or New Zealand.

are Storybird members (by registering for an online Storybird account)

are at least 18 years or older at the time that person submits his/her Story into the Competition, in his/her state of residence or province/territory, whichever is applicable.

Exclusions from Eligibility:

The following persons are NOT ELIGIBLE to enter any Competition:

any person who is associated with the Competition including, without limitation, employees, officers, directors, agents, advertising or promotional agencies, subsidiaries, the parent corporation, franchisees, dealers or representatives of Storybird;

any person engaged in the development, production or distribution of materials for the Competition; and

any person who is an immediate family member (defined as spouse or adoptive, biological or step- mother, father, sister, brother, daughter, or son and each of their respective spouses whether actual or purported), of any person in any of the preceding categories, regardless of where the person lives, and any person who is domiciled with any person in any of the preceding categories of ineligible persons.

In these Official Rules, a person who is eligible to enter the Competitions is called an “eligible entrant”. By entering the Competition, an eligible entrant agrees to abide by these Official Rules and by all decisions and rulings of Storybird, which decisions and rulings shall be final and binding on all eligible entrants in all matters relating to all aspects of the Competition. The Competition is subject to all Federal, State, Provincial, and Municipal laws and regulations. In order to be awarded a grand prize or finalist prize in the Competition Period, an eligible entrant must comply with all provisions of these Official Rules.

4. How to enter a competition and story requirements

On or before the commencement of the Competition Period, Storybird will designate on the Website a theme (the “theme”) of the Competition. Eligible entrants are invited to log onto the Website during the Competition Period and follow the instructions which appear on the Website to create a story (a “Story”).

Note that:

A Story must be written in the English language and should address in general terms the theme which is designated by Storybird for the applicable Competition.

A Story may not exceed 25 pages in length (pages refers to “Storybird pages”). Any Story which, for any reason, exceeds this 25-page length limitation will not be accepted for judging in a Competition.

An eligible entrant must use the tools provided by the Website to create his/her Story and that Story must incorporate the artist images which appear on the Website during the Competition.

After completing his/her Story in the manner and in accordance with the requirements just described, the eligible entrant must submit that Story to the Website for judging in the Competition.

Note: Storybird will not be responsible for any eligible entrant’s inability to access the Website during the Competition Period.

5. Important notes for eligible entrants

An eligible entrant can only submit up to four stories per Competition. If Storybird discovers that any eligible entrant has attempted in any manner whatsoever to submit more than four stories per Competition Period, or has succeeded in so doing, all of that person’s Stories will be disqualified. In addition, Storybird reserves the right, without further notice and at Storybird’s sole option, to disqualify any such person from participation in any one or more future competitions conducted by Storybird;

No eligible entrant may win more than one Prize in total during the Competition Period; and

No Story which is received by Storybird after the conclusion of the Competition Period will be accepted. Proof that an eligible entrant has submitted a Story to the Website for judging is not proof that the Website actually received and recorded such submission.

6. Submission and judging of stories: process, criteria, and applicable time limits.

An eligible entrant should submit a Story during an Entry Period Week (see dates of the Entry Period Weeks in “Entry Periods For The Competitions” above).

As each Entry Period Week of the Competition Period proceeds, Storybird Editors will select what they consider to be notable Stories from all Stories submitted during that Entry Period Week (or a previous Entry Period Week, if they so choose) and will post those Stories as semi-finalists (each a “semi-finalist”) on the applicable page of the Website.

Over the two days which follow the end of an Entry Period Week, any person who has a Storybird account can vote for the semi-finalists posted for the immediately preceding Entry Period Week and the story which receives the most votes in those two days will be a finalist (a “Finalist”) for judging at the end of the Competition Period.

A Story which is voted in the manner described in paragraph 3 above to be the Finalist for an Entry Period Week will be posted in the “Finalist Spotlight” on the Current Challenges homepage of the Website the day after the voting for that Entry Period Week is completed.

At the end of the Competition, Storybird will select one (1) additional Story which has been submitted during the Competition Period, which was not voted to be a finalist in the manner described in paragraph 3 above, but which Storybird consider merits inclusion as a Finalist in the Competition.

After the process described in paragraphs 1 to 5 above is completed, there will be five (5) Stories in the Competition which have been named as Finalists for that Entry Period.

At the expiration of the final Entry Period, a panel of judges (the “Judges”), selected by Storybird, will determine which of the five (5) finalist Stories, in the Judges’ opinion, is the best Story (the “Winning Story”) based on the judging criteria of originality, quality of writing and technical mastery.

The Winning Story will be posted, along with the Finalists of the Entry Period, on the “Challenge Winners” section of the Challenges homepage of the Website on or about three (3) days following the end of the Competition.

Provided he/she has complied and continues to comply with the provisions of these Official Rules, the eligible entrant who submitted the Story which the Judges determine is the Winning Story will be declared the winner of the Prize for the Competition.

A representative of Storybird will email and attempt to contact the eligible entrant who submitted a Winning Story at the email address provided by that eligible entrant at the time he/she submitted his/her Story for judging in the Competition. Storybird’s representative will make three (3) such attempts over the seven (7) days which immediately follow the time of the posting on the Website of that person’s Winning Story. If Storybird’s representative cannot directly contact any such eligible entrant after making the three (3) attempts just described, then the Prize (the “Prize”) which otherwise would have been awarded to that eligible entrant will be forfeited without further notice to that eligible entrant, and that eligible entrant will have no further claim in that regard against Storybird. That forfeited Prize will be awarded to the eligible entrant who submitted the next highest ranked Story, as determined by the Judges. The process just described will continue until Storybird’s representative actually contacts an eligible entrant who submitted a Winning Story (or a substitute for that Winning Story, as described in this paragraph of these Official Rules), and, subject to these Official Rules, that eligible entrant will be declared the winner of the applicable Prize.

7. Prize description and approximate value

Prizes. There is one (1) grand prize and four (4) finalist prizes (each, a “Prize”) available to be won by the Prize winners (each, a “Winner”) consisting of the following:

Grand Prize:The grand prize is awarded to the entrant of the Winning Story and consists of:

Three (3) premium hardcover editions of the Winning Story (approximate retail value of $135.00)

Finalist Prize: The finalist prize is awarded to each finalist entrant and consists of:

One softcover edition of the Finalist's story (approximate retail value of $23.00)

Grand Prize and Finalist Prize are hereafter collectively referred to as the “Prize” or “Prizes.”

Winner is not entitled to monetary difference between actual Prize value and stated approximate Prize value, if any.

The Prize has no cash value, cannot be changed or substituted, is non-transferable and non-refundable.

Any unused portion of the Prize will be deemed forfeited and no substitution or other compensation will be awarded to the Winner. Storybird reserves the right, in its sole discretion, to substitute a prize of equal or greater value if a Prize (or any portion thereof) cannot be awarded for any reason.

The Winner must be 18 years of age or older.

Prizes will be distributed within sixty (60) days after each Winner has been successfully contacted and notified of his/her Prize and fulfilled the requirements set out herein.

Storybird shall not assume responsibility for any refunds, losses, damages, costs or expenses arising out of the following: mechanical breakdown, government action, weather, strike or any other action beyond Storybird's control; denial of access to the carrier due to contravention of the conditions of carriage or improper travel documentation; failure to clear customs or missed flights or connections.

Shipped Prizes shall not be insured and Storybird shall not assume any liability for lost, damaged or misdirected Prizes.

8. Consent to use of personal information

By entering a Competition electronically and voluntarily providing his/her personal information (including, but not limited to email address, first name, last name, age, city, state, zip code, and home phone number) (collectively “Registrant Information”) each eligible entrant consents and agrees to Storybird’s collection and use of the Registrant Information to conduct and administer the Competition. The eligible entrant’s consent to Storybirds’ use of Registrant Information may be revoked at any time by writing to Storybird Inc., 253 College Street, Suite 160, Toronto, Ontario, Canada, M5T 1R5 and emailing a copy of this revoke request to support [at] storybird [dot] com.

9. MISCELLANEOUS

All Stories become the property of Storybird, will not be returned, and no correspondence will be entered into except with eligible entrants whose Stories are Finalists or Winning Stories (as the case may be). Copyright and ownership of all Stories are per Storybird’s Terms of Service. Storybird is not responsible for lost, late, incomplete or misdirected Stories, for any failure of the Website during the Competition, or for any problems or technical malfunction of a telephone or broadcast network or lines, computer on-line systems, servers, access providers, computer equipment, software, failure of any e-mail or on-line entry to be received by Storybird on account of technical problems or traffic congestion on the Internet or the Website, or any combination thereof that may affect an eligible entrant’s ability to participate in the Competition, or for any injury or damage to any person or to an entrant’s or any other person’s computer or property related to or resulting from using, downloading or sending any material in connection with the Competition. Subject to obtaining any required governmental approval, Storybird reserves the right, in either of their sole discretion and without notice, to cancel, suspend or modify the Competition, in whole or part, for any reason including a virus, bug or any other cause of any nature beyond the reasonable control of Storybird which corrupts or could corrupt or interfere with the security or proper administration of the Competition, or for any other reason.

Storybird is not responsible for any incorrect or inaccurate entry or transmission of information which may affect any person’s ability to participate in the Competition, including but not limited to human error, technical malfunctions, lost/delayed/corrupted data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software or any combination thereof, any inability to access the Website, or any damage to a user’s system occasioned by participating in the Competition.

Any attempt to deliberately damage any website or the Website or to undermine the legitimate operation of the Competition will render any Story or Stories submitted by an eligible entrant participating in such activity void and may be a violation of criminal and civil laws. Should such an attempt be made, Storybird reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. All Stories submitted in the Competition are subject to verification and will be declared invalid if they are illegible, incomplete, garbled, mechanically reproduced, mutilated, forged, falsified, altered or tampered with in any way.

By entering the Competition, each eligible entrant: (a) releases and holds harmless Storybird and its respective directors, officers, employees, parent companies, related companies, suppliers, subsidiaries, affiliates, franchisees, dealers, advertising and promotional agencies, and agents, and its respective directors, officers, employees, successors, assignees, and all others associated with the development and execution of the Competition, from and against any and all liability for injuries, loss or damage of any kind to persons, including death or property damage, resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize, resulting from participation in the Competition, or resulting from participation in any Prize-related activity; and (b) agrees to fully indemnify Storybird and its respective directors, officers, employees, parent companies, related companies, suppliers, subsidiaries, affiliates, franchisees, dealers, advertising and promotional agencies, and agents, and its respective directors, officers, employees, successors, assignees, and all others associated with the development and execution of the Competitions from any and all claims on the part of any third party or parties related in any way and for any reason to the Competition or to any Prize won by the eligible entrant including, without limitation, death or personal or property damage or injury.

Storybird reserves the right to determine how a Prize will be presented to a Prize winner and every Prize winner agrees to cooperate in full in, and in connection with, any such presentation which, in the sole discretion of Storybird, as the case may be, via a media event or in person or in some other manner. Any failure by a Prize winner to cooperate fully with Storybird, or to follow all directions and instructions of Storybird, in respect of the presentation of a Prize or any part of a Prize will result in forfeiture of the Prize.

Any eligible entrant who submitted a Story which is a Finalist or is a Winning Story or wins a Prize may be required to sign and deliver to Storybird on demand a Declaration and Release in form and content provided by Storybird declaring compliance with these Official Rules, releasing Storybird and others in the terms set out above, and granting Storybird and others the rights described below. As a condition of receiving a Prize, or having a Story posted on the Website as being a Finalist, an eligible entrant who submitted a Story which is a Finalist or is a Winning Story or wins a Prize may be required by Storybird, in their sole discretion, to deliver on demand to Storybird a fully and properly executed Declaration and Release in the form and content provided by Storybird declaring his/her eligibility under, and acceptance of and compliance in all respects with, the provisions of these Official Rules, and releasing and indemnifying Storybird and others in the terms set out above, and granting Storybird and others the publicity rights described below, and b) a fully and properly executed Release granting Storybird and others the publicity rights described below.

Each eligible entrant who submits a Story which is a Finalist or is a Winning Story agrees irrevocably to the use by Storybird of his/her name, voice, biographical information, address (city, Province/state) and/or photograph, videotape, or any likeness, statements made by or attributed to him/her relating to Storybird or the Competition, for advertising or publicity purposes in any medium now in existence or later invented, and grants to Storybird, in perpetuity and throughout the universe, any and all rights to said use, without further notice, approval or compensation, and releases Storybird from any liability with respect thereto.

As a condition of participating in the Competition, you agree, to the extent permitted by law, that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with the Competition, will be resolved individually, without resort to any form of class action, exclusively before a court located in the city of Toronto in the province of Ontario, Canada. Further, in any dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, punitive, incidental, or consequential damages, including attorney's fees, other than the entrant's actual out-of-pocket expenses (i.e. costs associated with entering). You further waive all rights to have damages multiplied or increased.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations as between one or more persons who participate in the Competition and Storybird in connection with the Competition or both shall be governed by and construed and interpreted in accordance with the internal laws of the Province of Ontario, Canada, including the procedural provisions of those laws, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. All persons who participate in the Competition, the Sponsor, and all other parties hereby attorn to the jurisdiction of the courts of that Province, sitting in the City of Toronto, Ontario, in respect of the determination of any matter or dispute arising under or in respect of the Competition or arising under or in respect of these Official Rules and agree that any such determination shall be brought solely and exclusively before such courts in the Province of Ontario.